This paper explores the origin and development of the "consumer choice" paradigm as the core concept of German ordoliberal thought which has had a strong impact on EU competition policy and law. Outside Germany, ordoliberal thought is often identified with the learning of the original "Freiburg...

The central claim of this Article is that, as a descriptive matter, trademark legislation and court interpretation is a close normative match with the Chicago School approach of scholars such as Robert Bork and Richard Posner. The organizing intellectual structure of modern trademark law, as...

This paper explores the impact of ordoliberal thinking on the drafting of the prohibition of “abuse” of a dominant position in the market that was included in the competition rules of the Rome Treaty establishing the European Economic Community as well as on its interpretation by the...

Friedrich A. von Hayek’s (1899-1992) view of competition as a discovery process is well known but little used. His central thesis is that a competitive pricing system is the most effective way to coordinate economic activity and economise on the information held by market participants in a...

We clarify and defend the Chicago School of antitrust against incorrect and uninformed claims that it represents a narrow set of inefficiency impossibility theorems based on free market ideology. The Chicago School arose decades ago as a reaction to the then current antitrust policies. Chicago...

James M. Buchanan's contributions of 2009-2011 to the post-crisis debate in political economy emphasized the necessity to re-examine the legacy of the “Old Chicago” School. The focus of the current paper is, by following Buchanan's plea, to explore the central topoi in the 1930s debates of...

This paper investigates the views on competition theory and policy of the American institutional economists during the first half of the 20th century. These perspectives contrasted with those of contemporary neoclassical and later mainstream economic approaches. We identify three distinct...

For over three centuries, Anglo-American courts have assessed employee noncompete agreements under a Rule of Reason. Despite longstanding precedent, some now advocate banning all such agreements. These advocates contend that employers use superior bargaining power to impose such “contracts of...

Spanish Abstract: El presente trabajo tiene por objeto determinar si la prohibición de los precios no equitativos establecida en el artículo 2.2 (a) LDC debería ser interpretada en el sentido de que se refiere únicamente a los precios susceptibles de obstaculizar del mantenimiento del nivel...

Undertakings may restrict competition by cooperating with their competitors or by interfering with their ability to compete. In both cases, their ultimate goal is to raise the price they charge for their products or services. Therefore, the main concern about both collusive and exclusionary...